In an August interview with the El Paso Times, National Intelligence Director Mike McConnell “raised eyebrows” by “pulling the curtain back” and revealing several previously classified details of government surveillance. As Spencer Ackerman observed, McConnell declassified more that day than he did during “the entire Congressional debate.”
Under questioning from Rep. Bobby Scott (D-VA) in a House Judiciary Committee hearing today, McConnell claimed that declassification is “a responsibility of the President,” but admitted that this case was based on a “judgment call” by him. McConnell also admitted that there was no “specific” record on when the information was declassified:
SCOTT: Does it come declassified just because you said or is there some process to declassify?
McCONNELL: There is a process but it is ultimately a judgment call. […]
SCOTT: So we know when something was declassified. The moment of time it was declassified. Is there some record of that?
McCONNELL: Not specifically. I’m sure it can be recovered some way if there is some if there’s a specific concern or question.
Watch it:
House Judiciary Chairman John Conyers (D-MI) explained recently that McConnell divulged secrets to the media while previously claiming “in litigation that confirmation of such involvement cannot be permitted under the state secrets doctrine.”
While declassifying intelligence may certainly be McConnell’s “judgment,” the timing of the declassification is notable. The interview with the El Paso Times occurred on August 22, just weeks before Congress would return from summer recess to consider whether to reauthorize the Protect America Act.
McConnell has claimed that “Americans are going to die” with continued public discussion of wiretapping. Unfortunately, he is willing to sacrifice his own principles for a “judgment call” to expand President Bush’s spy authority.
Speaker Blog has more on the hearing.
Transcript:
SCOTT: We’ve had some confusion on when something is classified and when it is not. Is there some process that delineates when something is classified and when it is not classified? We’ve had testimony here that things have been classified, but then you read it in the paper. Does it come declassified just because you said or is there some process to declassify?
McCONNELL: There is a process but ultimately it is a judgment call.
SCOTT: Well it’s a judgement call but when does it become declassified? Is that when you decide on the spot to blurt it out to a reporter?
McCONNELL: No not at all.
SCOTT: Is there some process?
McCONNELL: There is a process. But, as I say, it’s ultimately it is the responsibility of the President to decide on classified information.
SCOTT: So we know when something was declassified. The moment of time it was declassified. Is there some record of that?
McCONNELL: Not specifically. I’m sure it can be recovered some way if there is some if there’s a specific concern or question.

Hypocrisy reigns in the Bush administration. This is just more evidence.
September 18th, 2007 at 8:37 pmIn other words, it was my judgment to say all this stuff, so we could continue the program.
September 18th, 2007 at 8:42 pm“Judgement call” is code for “we’ll do whatever the hell we want”.
September 18th, 2007 at 8:46 pmI wasn’t able to watch the testimony today. Does anyone happen to know if any questions were asked regarding the National Applications Office (the new DHS program that will allow local, state, and federal law enforcement to use our military spy satellites to watch Americans)?
September 18th, 2007 at 8:49 pmCan McConnell be more of a admisnitration hack and toady?
September 18th, 2007 at 8:51 pmBingo!
September 18th, 2007 at 8:52 pmPlease explain to me - I fully understand that some things should remain secret for national security. I thought that to make things secret, there had to be some sort of due deliberation on the value of that information and its ability to cause harm.
But this “declassification” looks like it was done on a whim, a lark. If such is the process, how do I have any confidence that even a small percentage of classified material is made so because of a sane and orderly reason (as opposed to some random process) ?
September 18th, 2007 at 8:58 pmMcConnell has claimed that “Americans are going to die†with continued public discussion of wiretapping
I’ve got an idea to put a stop to the deaths based on wiretapping discussion Mr. McEgg-a-muffin.
Stop the illegal practice.
Charge you and the rest with the appropriate crimes.
End of discussion(s).
September 18th, 2007 at 9:09 pmAnyone trusting the motives of a Bush crony making judgment calls needs to have their heads examined.
September 18th, 2007 at 9:13 pmMitch is a B$tch.
Comment by BARTLEBEE — September 18, 2007
Sen. Mitch McConnell is the one who filibustered the DC Voting Rights Bill to an early death.
September 18th, 2007 at 9:15 pmWait a minute, where did he get the power to declassify intelligence? I thought that only the President and Dead-Eye Dick had the authority to declassify secrets. It sounds to me like McConnell committed treason by declassifying something that he did not have the authority to declassify.
September 18th, 2007 at 11:15 pmWhat a wanker. It wasn’t a “judgment call,” it was a POLITICAL CALL.
September 19th, 2007 at 12:16 amAs I understand it, it is a judgement call if, as the original classification authority, he or someone with derivative classification authority from his authority, classified it in the first place. The real issue is not whether he was empowered to do so, it is, rather, an issue of his judgment in withholding such information from Congressional oversight, but then, subsequently, blabbing it to the media for political gain or personal self-aggrandizement. The incident calls his judgment and responsibility into serious question.
September 19th, 2007 at 6:50 amI wonder what Rep. Scott’s staff does (and we taxpayers pay their salaries)if he had to ask whether or not there is a process for declassification and some record of when materials have been declassified. This is from Executive Order 12958.
Sec. 3.7. Declassification Database.
(a) The Director of the Information Security Oversight Office, in conjunction with those agencies that originate classified information, shall coordinate the linkage and effective utilization of existing agency databases of records that have been declassified and publicly released.
(b) Agency heads shall fully cooperate with the Director of the Information Security Oversight Office in these efforts.
http://www.archives.gov/ isoo/ policy-documents/ eo-12958-amendment.html
September 19th, 2007 at 9:37 am